Municipal order for ex officio preparation of a zoning plan amendment annulled

The case

I was approached by a property owner who had initiated a procedure to amend the detailed development plan — the regulation and building plan for the property.

The proceedings on his application had not yet been completed and the competent administrative authority had not ruled on it.

In the meantime, the municipality issued an order for the ex officio preparation of a draft amendment to the detailed development plan for the same property, designating it as a park.

So, while the owner was waiting for a decision on his own application, the municipal administration started a different procedure that could have seriously affected the possibilities for using and building on the property.

The court proceedings

The municipality's order was challenged in court.

In the course of the proceedings, material violations committed when the order was issued were established.

Why is this case important?

Procedures for amending detailed development plans can be of major importance for the rights and legitimate interests of property owners.

Even at the initial stage of spatial planning, administrative authorities are obliged to comply with the requirements of the law.

This case shows that judicial protection can matter as early as the issuing of an order permitting the preparation of a draft amendment to a detailed development plan, where that act is subject to judicial review.

Timely legal protection can prevent an unlawful administrative procedure affecting the right of ownership from going any further.